Amendment ID: S3014-12

Amendment 12

Cruel Conditions and Emergency Protective Custody

Mrs. Dooner moves that the proposed new draft be amended in section 7, in proposed subsection (f) of section 174E of chapter 140 of the General Laws, in paragraph (i), by inserting after the words “excessive animal waste” the following words:- “, including conditions in which animal waste is present in a quantity, duration or location that materially interferes with the animal’s access to sanitary shelter, movement, rest, food or potable water”;

In said section 7, in proposed subsection (f) of said section 174E, by adding the following sentence:- “For the purposes of this subsection, the existence of a limited area within a dwelling, room, crate or enclosure that is free of animal waste shall not, by itself, preclude a finding of cruel conditions if the animal is otherwise exposed to unsanitary conditions.”; and

In said section 7, in proposed subsection (g) of said section 174E, by striking out the words “provided, however, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner’s, keeper’s or guardian’s expense pending compliance with this section or the owner, keeper or guardian may lose ownership of the animal.” and inserting in place thereof the following words:-

“provided, however, that if an animal control officer, special state police officer appointed pursuant to this section or other law enforcement officer has reasonable cause to believe that a violation of this section poses an immediate and substantial threat to the health or safety of an animal, the officer shall take temporary protective custody of the animal and cause the animal to be impounded in a local shelter or other appropriate facility pending further proceedings as provided by law; and provided further, that for a third or subsequent offense, the animal may be subject to impoundment in a local shelter or appropriate facility at the owner’s, keeper’s or guardian’s expense pending compliance with this section or the owner, keeper or guardian may lose ownership of the animal.”